Probating a Will

Is an Executor Required to be a US Citizen?

by Rania Combs

I recently received a phone call from someone whose wife was not a US Citizen. The caller wondered whether his wife could nevertheless serve as an executor of his Will.

There is no statutory restriction in Texas that prevents a non-citizen from serving as an executor or administrator of an estate. The statutes only restrict those who are:

  1. incapacitated;
  2. a felon, unless he or she has been pardoned or has had his or her civil rights restored;
  3. a nonresident of Texas who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate; or had that appointment filed with the court;
  4. a corporation not authorized to act as a fiduciary in Texas; or
  5. a person whom the court finds unsuitable.

The term “unsuitable” is not defined; rather, a trial judge has the discretion to determine suitability based on unique facts and circumstances of each case.

About Rania

Rania graduated magna cum laude from South Texas College of Law Houston and is the founder of Rania Combs Law, PLLC. She has been licensed to practice law since 1994 and enjoys helping clients in Texas and North Carolina create estate plans that give them peace of mind.

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